Common use of Claims and Disputes Clause in Contracts

Claims and Disputes. 7.1.1 A claim is a written demand or assertion by one of the parties seeking, as a matter of right, an adjustment or interpretation of this Contract, payment of money, extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design-Builder arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim. 7.1.2 If for any reason the Design-Builder believes that additional cost or Contract time is due to the Design-Builder for work not clearly provided for in this Contract, or previously authorized changes in the work, the Design-Builder must notify the Owner in writing within the required ten calendar day notice period of its intention to claim such additional cost or Contract time. The Design-Builder must maintain strict accounting of all actual cost and/or time associated with the claim, in such detail as may be required by Owner. The failure to give proper notice as required herein will constitute a waiver of said claim. 7.1.3 Written notice of intention to claim must be made within ten calendar days after the claimant first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder bases the claim, whichever is earlier. 7.1.4 When the Work on which the claim for additional cost or Contract time is based has been completed, the Design-Builder will, within ten calendar days, submit Design- Builder’s written claim, together with all supporting documentation required by Owner, to the Owner. Such claim by the Design-Builder, and the fact that the Owner has kept strict accounting of the actual cost and/or time associated with the claim, will not in any way be construed as proving or substantiating the validity of the claim. 7.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design- Builder will proceed diligently, as directed by Owner, with performance of this Contract and maintain effective progress to complete the Work within the Contract time(s) set forth in the Contract Documents. 7.1.6 The acceptance of final payment by Design-Builder will constitute a waiver of all claims except those that are expressly identified as still pending in writing in the Design- Builder’s final Application for Payment. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner’s rights arising from: 7.1.7.1 Latent defects; 7.1.7.2 Terms of special warranties required by the Contract Documents; 7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents; 7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled.

Claims and Disputes. 7.1.1 10.1.1 A claim is a written demand or assertion by one of the parties seeking, seeking as a matter of right, right an adjustment or interpretation of this Contractthe Contract Documents, payment of money, an extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design-Builder arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim. 7.1.2 10.1.2 If for any reason the Design-Builder believes deems that additional cost an increase to the GMP Contract Sum or Contract time Time is due to the Design-Builder for work not clearly provided for in this Contract, the Contract Documents or previously authorized changes in the workWork, the Design-Design- Builder must will notify the Owner in writing within the required ten calendar day notice period of its intention to claim such additional cost increases to the GMP Contract Sum or Contract timeTime. The Design-Builder must maintain will maintain, and give the Owner the opportunity to keep, strict accounting account of all actual cost and/or time associated with the claim, in such detail as may be required by Owner. The failure to give proper notice notification as required herein will constitute a waiver of said any claim. 7.1.3 10.1.3 Written notice from the Design-Builder of its intention to claim must will be made within ten calendar 21 days after the claimant it first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder bases the claim, whichever is earlier. The failure to give proper notice as required herein will constitute a waiver of any claim. 7.1.4 10.1.4 When the Work on which the claim for additional cost an increase to the GMP Contract Sum or Contract time Time is based has been completed, the Design-Builder will, within ten calendar sixty days, submit Design- the Design-Builder’s written claim, together with all supporting documentation required by Owner, claim to the Owner. Such claim by the Design-Builder, Builder and the fact that the Owner has kept strict accounting account of the actual cost and/or or time associated with of the claim, Work will not in any way be construed as proving or substantiating the validity of the claim. The failure to provide the written claim as required herein will constitute a waiver of any claim. 7.1.5 10.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design- Builder will proceed diligently, as directed by Owner, diligently with performance of this Contract and maintain effective progress to complete the Work within the Contract time(sTime(s) set forth in the Contract Documents. 7.1.6 The acceptance of final payment by 10.1.6 For claims related to concealed or unknown conditions, the Design-Builder will constitute a waiver take the following into consideration when preparing its GMP Proposal and will not be entitled to any additional compensation on account of all claims concealed conditions except those that are expressly identified as still pending specifically set forth in writing in the Design- Builder’s final Application for PaymentParagraph 10.1. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner’s rights arising from: 7.1.7.1 Latent defects; 7.1.7.2 Terms of special warranties required by the Contract Documents; 7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents; 7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled.

Claims and Disputes. 7.1.1 A claim is a written demand or assertion by one of the parties seeking, as a matter of right, an adjustment or interpretation of this Contract, payment of money, extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design-Builder arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim. 7.1.2 If for any reason the Design-Builder believes that additional cost or Contract time is due to the Design-Builder for work not clearly provided for in this Contract, or previously authorized changes in the work, the Design-Builder must notify the Owner in writing within the required ten calendar day notice period of its intention to claim such additional cost or Contract time. The Design-Builder must maintain strict accounting of all actual cost and/or time associated with the claim, in such detail as may be required by Owner. The failure to give proper notice as required herein will constitute a waiver of said claim. 7.1.3 Written notice of intention to claim must be made within ten calendar days after the claimant first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder bases the claim, whichever is earlier. 7.1.4 When the Work on which the claim for additional cost or Contract time is based has been completed, the Design-Builder will, within ten calendar days, submit Design- Builder’s written claim, together with all supporting documentation required by Owner, to the Owner. Such claim by the Design-Builder, and the fact that the Owner has kept strict accounting of the actual cost and/or time associated with the claim, will not in any way be construed as proving or substantiating the validity of the claim. 7.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design- Builder will proceed diligently, as directed by Owner, with performance of this Contract and maintain effective progress to complete the Work within the Contract time(s) set forth in the Contract Documents. 7.1.6 The acceptance of final payment by Design-Builder will constitute a waiver of all claims except those that are expressly identified as still pending in writing in the Design- Design-Builder’s final Application for Payment. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner’s rights arising from: 7.1.7.1 Latent defects; 7.1.7.2 Terms of special warranties required by the Contract Documents; 7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents; 7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled.

Claims and Disputes. 7.1.1 10.1.1 A claim is a written demand or assertion by one of the parties seeking, seeking as a matter of right, right an adjustment or interpretation of this Contractthe Contract Documents, payment of money, an extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design-Builder Contractor arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim. 7.1.2 10.1.2 If for any reason the Design-Builder believes Contractor deems that additional cost an increase to the GMP Contract Sum or Contract time Time is due to the Design-Builder Contractor for work not clearly provided for in this Contract, the Contract Documents or previously authorized changes in the workWork, the Design-Builder must Contractor will notify the Owner in writing within the required ten calendar day notice period of its intention to claim such additional cost increases to the GMP Contract Sum or Contract timeTime. The Design-Builder must maintain Contractor will maintain, and give the Owner the opportunity to keep, strict accounting account of all actual cost and/or time associated with the claim, in such detail as may be required by Owner. The failure to give proper notice notification as required herein will constitute a waiver of said any claim. 7.1.3 10.1.3 Written notice from the Contractor of its intention to claim must will be made within ten calendar 45 days after the claimant it first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder Contractor bases the claim, whichever is earlier. The failure to give proper notice as required herein will constitute a waiver of any claim. 7.1.4 10.1.4 When the Work on which the claim for additional cost an increase to the GMP Contract Sum or Contract time Time is based has been completed, the Design-Builder Contractor will, within ten calendar sixty days, submit Design- Builderthe Contractor’s written claim, together with all supporting documentation required by Owner, claim to the Owner. Such claim by the Design-Builder, Contractor and the fact that the Owner has kept strict accounting account of the actual cost and/or or time associated with of the claim, Work will not in any way be construed as proving or substantiating the validity of the claim. The failure to provide the written claim as required herein will constitute a waiver of any claim. 7.1.5 10.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design- Builder Contractor will proceed diligently, as directed by Owner, diligently with performance of this Contract and maintain effective progress to complete the Work within the Contract time(sTime(s) set forth in the Contract Documents. 7.1.6 The acceptance 10.1.6 For claims related to concealed or unknown conditions, the Contractor will take the following into consideration when preparing its GMP Proposal and will not be entitled to any additional compensation on account of final payment by Design-Builder will constitute a waiver of all claims concealed conditions except those that are expressly identified as still pending specifically set forth in writing in the Design- Builder’s final Application for PaymentParagraph 10.1. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner’s rights arising from: 7.1.7.1 Latent defects; 7.1.7.2 Terms of special warranties required by the Contract Documents; 7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents; 7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled.

Claims and Disputes. 7.1.1 10.1.1 A claim is a written demand or assertion by one of the parties seeking, seeking as a matter of right, right an adjustment or interpretation of this Contractthe Contract Documents, payment of money, an extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design-Builder arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim. 7.1.2 10.1.2 If for any reason the Design-Builder believes deems that additional cost an increase to the GMP Contract Sum or Contract time Time is due to the Design-Builder for work not clearly provided for in this Contract, the Contract Documents or previously authorized changes in the workWork, the Design-Design- Builder must will notify the Owner in writing within the required ten calendar day notice period of its intention to claim such additional cost increases to the GMP Contract Sum or Contract timeTime. The Design-Builder must maintain will maintain, and give the Owner the opportunity to keep, strict accounting account of all actual cost and/or time associated with the claim, in such detail as may be required by Owner. The failure to give proper notice notification as required herein will constitute a waiver of said any claim. 7.1.3 10.1.3 Written notice from the Design-Builder of its intention to claim must will be made within ten calendar 21 days after the claimant it first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder bases the claim, whichever is earlier. The failure to give proper notice as required herein will constitute a waiver of any claim. 7.1.4 10.1.4 When the Work on which the claim for additional cost an increase to the GMP Contract Sum or Contract time Time is based has been completed, the Design-Builder will, within ten calendar sixty days, submit Design- the Design-Builder’s written claim, together with all supporting documentation required by Owner, claim to the Owner. Such claim by the Design-Builder, Builder and the fact that the Owner has kept strict accounting account of the actual cost and/or or time associated with of the claim, Work will not in any way be construed as proving or substantiating the validity of the claim. The failure to provide the written claim as required herein will constitute a waiver of any claim. Owner shall provide Design-Builder with a written response to such claims within ninety (90) calendar days of Owner’s receipt. 7.1.5 10.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design- Builder will proceed diligently, as directed by Owner, diligently with performance of this Contract and maintain effective progress to complete the Work within the Contract time(sTime(s) set forth in the Contract Documents. 7.1.6 The acceptance of final payment by 10.1.6 For claims related to concealed or unknown conditions, the Design-Builder will constitute a waiver take the following into consideration when preparing its GMP Proposal and will not be entitled to any additional compensation on account of all claims concealed conditions except those that are expressly identified as still pending specifically set forth in writing in the Design- Builder’s final Application for PaymentParagraph 10.1. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner’s rights arising from: 7.1.7.1 Latent defects; 7.1.7.2 Terms of special warranties required by the Contract Documents; 7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents; 7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled.

Claims and Disputes. 7.1.1 12.1 A claim is a written demand or assertion by one of the parties seeking, as a matter of right, an adjustment or interpretation of this the Contract, payment of money, extension of time or other relief with respect to the terms of this Contractthe Contract (Claim). The term claim Claim also includes other disputes and matters in question between the Owner and the Design-Builder arising out of or relating to this Contractthe Contract and Claims brought by Designers, subconsultants, subcontractors and suppliers. All Claims must be made in writing and include an affidavit from the Design-Builder confirming the veracity of the claim. The responsibility to substantiate claims a Claim will rest with the party making the claimClaim. 7.1.2 12.1.1 If for any reason the Design-Builder believes that additional cost or Contract time is due to the Design-Builder for work not clearly provided for in this Contract, or previously authorized changes in the worka Claim exists, the Design-Builder must notify the Owner in writing within no later than twenty-one (21) calendar days after the required ten calendar day notice period of its intention Design-Builder first recognizes the condition giving rise to claim such additional cost the Claim or Contract timebefore the Services begin on which the Design-Builder bases the Claim, whichever is earlier. The Design-Builder must maintain strict accounting of all actual cost and/or time associated with the claimClaim, in such detail as may be required by the Owner. The failure to give proper notice as required herein will constitute a waiver of said claimthe Claim. 7.1.3 Written notice of intention to claim must be made within ten calendar days after the claimant first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder bases the claim, whichever is earlier. 7.1.4 12.1.2 When the Work Services on which the claim for additional cost or Contract time is based has have been completed, the Design-Design- Builder will, within ten (10) calendar days, submit Design- the Design-Builder’s written claimdocumentation of the Claim, together with all supporting documentation required by the Owner, to the Owner. Such claim documentation of the Claim by the Design-Design- Builder, and the fact that the Owner has kept strict accounting of the actual cost and/or time associated with the claimClaim, will not in any way be construed as proving or substantiating the validity of the claimClaim. 7.1.5 Pending final resolution of a claim, unless 12.1.3 Unless otherwise agreed in writingwriting and notwithstanding any other rights or obligations of either of the parties under this Contract, the Design- Design-Builder will proceed diligentlycarry on with the performance of its Services and duties hereunder during the pendency of any Claim, as directed by litigation, arbitration, or any other proceedings to resolve any Claim. The Owner, with performance however, will be under no obligation to make payments on or against such Claim during the pendency of this Contract and maintain effective progress any proceedings to complete the Work within the Contract time(s) set forth in the Contract Documentsresolve such Claim. 7.1.6 12.1.4 The Design-Builder’s acceptance of final payment for any individual work order will constitute a full waiver of any and all Claims by the Design-Builder against the Owner arising out of this Contract or individual work order or otherwise related to the Project, except insurance company subrogation claims and other Claims previously made in writing and identified by the Design-Builder as unsettled at the time of the final payment. 12.1.5 Neither the acceptance of the Design-Builder’s Services nor payment by the Owner will constitute be deemed to be a waiver of all claims except those that are expressly identified as still pending in writing in the Design- Builder’s final Application for Payment. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner’s rights arising fromagainst the Design-Builder, including but not limited to: 7.1.7.1 12.1.5.1 Latent defects; 7.1.7.2 12.1.5.2 Terms of special warranties required by the Contract documents listed in Paragraph 3.1 or the Project Documents; 7.1.7.3 12.1.5.3 Failure of the Work Services to comply with the requirements of the Contract documents listed in Paragraph 3.1 or the Project Documents; 7.1.7.4 12.1.5.4 Claims, security interests or encumbrances arising out of this Contract and unsettled; 12.1.5.5 An audit following final payment.

Claims and Disputes. 7.1.1 10.1.1 A claim is a written demand or assertion by one of the parties seeking, seeking as a matter of right, right an adjustment or interpretation of this Contractthe Contract Documents, payment of money, an extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design-Builder arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim. 7.1.2 10.1.2 If for any reason the Design-Builder believes deems that additional cost an increase to the GMP Contract Sum or Contract time Time is due to the Design-Builder for work not clearly provided for in this Contract, the Contract Documents or previously authorized changes in the workWork, the Design-Design- Builder must will notify the Owner in writing within the required ten calendar day notice period of its intention to claim such additional cost increases to the GMP Contract Sum or Contract timeTime. The Design-Builder must maintain will maintain, and give the Owner the opportunity to keep, strict accounting account of all actual cost and/or time associated with the claim, in such detail as may be required by Owner. The failure to give proper notice notification as required herein will constitute a waiver of said any claim. 7.1.3 10.1.3 Written notice from the Design-Builder of its intention to claim must will be made within ten calendar 21 days after the claimant it first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder bases the claim, whichever is earlier. The failure to give proper notice as required herein will constitute a waiver of any claim. 7.1.4 10.1.4 When the Work on which the claim for additional cost an increase to the GMP Contract Sum or Contract time Time is based has been completed, the Design-Builder will, within ten calendar sixty days, submit Design- the Design-Builder’s written claim, together with all supporting documentation required by Owner, claim to the Owner. Such claim by the Design-Builder, Builder and the fact that the Owner has kept strict accounting account of the actual cost and/or or time associated with of the claim, Work will not in any way be construed as proving or substantiating the validity of the claim. The failure to provide the written claim as required herein will constitute a waiver of any claim. Owner shall endeavor to provide Design-Builder with a written response to such claims within ninety (90) calendar days of Owner’s receipt. 7.1.5 10.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design- Builder will proceed diligently, as directed by Owner, diligently with performance of this Contract and maintain effective progress to complete the Work within the Contract time(sTime(s) set forth in the Contract Documents. 7.1.6 The acceptance of final payment by 10.1.6 For claims related to concealed or unknown conditions, the Design-Builder will constitute a waiver take the following into consideration when preparing its GMP Proposal and will not be entitled to any additional compensation on account of all claims concealed conditions except those that are expressly identified as still pending specifically set forth in writing in the Design- Builder’s final Application for PaymentParagraph 10.1. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner’s rights arising from: 7.1.7.1 Latent defects; 7.1.7.2 Terms of special warranties required by the Contract Documents; 7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents; 7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled.

Claims and Disputes. 7.1.1 A claim is a written demand or assertion by one of the parties seeking, as a matter of right, an adjustment or interpretation of this Contract, payment of money, extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design-Builder arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim. 7.1.2 If for any reason the Design-Builder believes that additional cost or Contract time is due to the Design-Builder for work not clearly provided for in this Contract, or previously authorized changes in the work, the Design-Builder must notify the Owner in writing within the required ten (10) calendar day notice period of its intention to claim such additional cost or Contract time. The Design-Builder must maintain strict accounting of all actual cost and/or time associated with the claim, in such detail as may be required by Owner. The failure to give proper notice as required herein will constitute a waiver of said claim. 7.1.3 Written notice of intention to claim must be made within ten (10) calendar days after the claimant first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder bases the claim, whichever is earlier. 7.1.4 When the Work on which the claim for additional cost or Contract time is based has been completed, the Design-Builder will, within ten thirty (30) calendar days, submit Design- Design-Builder’s written claim, together with all supporting documentation required by Owner, to the Owner. Such claim by the Design-Builder, and the fact that the Owner has kept strict accounting of the actual cost and/or time associated with the claim, will not in any way be construed as proving or substantiating the validity of the claim. Owner shall provide Design-Builder with a written response to such claims within ninety (90) calendar days of Owner’s receipt. 7.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design- Builder will proceed diligently, as directed by Owner, with performance of this Contract and maintain effective progress to complete the Work within the Contract time(s) set forth in the Contract Documents. 7.1.6 The acceptance of final payment by Design-Builder will constitute a waiver of all claims except those that are expressly identified as still pending in writing in the Design- Design-Builder’s final Application for Payment. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner’s rights arising from: 7.1.7.1 Latent defects; 7.1.7.2 Terms of special warranties required by the Contract Documents; 7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents; 7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled.

Claims and Disputes. 7.1.1 10.1.1 A claim is a written demand or assertion by one of the parties seeking, seeking as a matter of right, right an adjustment or interpretation of this Contractthe Contract Documents, payment of money, an extension of time or other relief with respect to the terms of this Contract. The term claim also includes other matters in question between the Owner and Design-Builder arising out of or relating to this Contract. The responsibility to substantiate claims will rest with the party making the claim. 7.1.2 10.1.2 If for any reason the Design-Builder believes deems that additional cost an increase to the GMP Contract Sum or Contract time Time is due to the Design-Builder for work not clearly provided for in this Contract, the Contract Documents or previously authorized changes in the workWork, the Design-Builder must will notify the Owner in writing within the required ten calendar day notice period of its intention to claim such additional cost increases to the GMP Contract Sum or Contract timeTime. The Design-Builder must maintain will maintain, and give the Owner the opportunity to keep, strict accounting account of all actual cost and/or time associated with the claim, in such detail as may be required by Owner. The failure to give proper notice as required herein will constitute a waiver of said any claim. 7.1.3 10.1.3 Written notice from the Design-Builder of its intention to claim must will be made within ten calendar 21 days after the claimant it first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder bases the claim, whichever is earlier. 7.1.4 10.1.4 When the Work on which the claim for additional cost an increase to the GMP Contract Sum or Contract time Time is based has been completed, the Design-Builder will, within ten calendar days, submit Design- the Design-Builder’s written claim, together with all supporting documentation required by Owner, claim to the Owner. Such claim by the Design-Builder, Builder and the fact that the Owner has kept strict accounting account of the actual cost and/or or time associated with of the claim, Work will not in any way be construed as proving or substantiating the validity of the claim. 7.1.5 10.1.5 Pending final resolution of a claim, unless otherwise agreed in writing, the Design- Design-Builder will proceed diligently, as directed by Owner, diligently with performance of this Contract and maintain effective progress to complete the Work within the Contract time(sTime(s) set forth in the Contract Documents. 7.1.6 The acceptance of final payment by 10.1.6 For claims related to concealed or unknown conditions, the Design-Builder will constitute a waiver take the following into consideration when preparing its GMP Proposal and will not be entitled to any additional compensation on account of all claims concealed conditions except those that are expressly identified as still pending specifically set forth in writing in the Design- Builder’s final Application for PaymentParagraph 10.1. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner’s rights arising from: 7.1.7.1 Latent defects; 7.1.7.2 Terms of special warranties required by the Contract Documents; 7.1.7.3 Failure of the Work to comply with the requirements of the Contract Documents; 7.1.7.4 Claims, security interests or encumbrances arising out of this Contract and unsettled.

Claims and Disputes. 7.1.1 12.1 A claim is a written demand or assertion by one of the parties seeking, as a matter of right, an adjustment or interpretation of this the Contract, payment of money, extension of time or other relief with respect to the terms of this Contractthe Contract (Claim). The term claim Claim also includes other disputes and matters in question between the Owner and the Design-Builder arising out of or relating to this Contractthe Contract and Claims brought by Designers, subconsultants, subcontractors and suppliers. All Claims must be made in writing and include an affidavit from the Design-Builder confirming the veracity of the Claim. The responsibility to substantiate claims a Claim will rest with the party making the claimClaim. 7.1.2 12.1.1 If for any reason the Design-Builder believes that additional cost or Contract time is due to the Design-Builder for work not clearly provided for in this Contract, or previously authorized changes in the worka Claim exists, the Design-Builder must notify the Owner in writing within no later than twenty-one (21) calendar days after the required ten calendar day notice period of its intention Design-Builder first recognizes the condition giving rise to claim such additional cost the Claim or Contract timebefore the Services begin on which the Design-Builder bases the Claim, whichever is earlier. The Design-Builder must maintain strict accounting of all actual cost and/or time associated with the claimClaim, in such detail as may be required by the Owner. The failure to give proper notice as required herein will constitute a waiver of said claimthe Claim. 7.1.3 Written notice of intention to claim must be made within ten calendar days after the claimant first recognizes the condition giving rise to the claim or before the Work begins on which the Design-Builder bases the claim, whichever is earlier. 7.1.4 12.1.2 When the Work Services on which the claim for additional cost or Contract time is based has have been completed, the Design-Design- Builder will, within ten twenty one (21) calendar days, submit Design- the Design-Builder’s written claimdocumentation of the Claim, together with all supporting documentation required by the Owner, to the Owner. Such claim documentation of the Claim by the Design-Builder, and the fact that the Owner has kept strict accounting of the actual cost and/or time associated with the claimClaim, will not in any way be construed as proving or substantiating the validity Claim.Owner shall respond to Design-Builder within 60 days of Owner’s receipt of the claimdocumentation. 7.1.5 Pending final resolution of a claim, unless 12.1.3 Unless otherwise agreed in writingwriting and notwithstanding any other rights or obligations of either of the parties under this Contract, the Design- Design-Builder will proceed diligentlycarry on with the performance of its Services and duties hereunder during the pendency of any Claim, as directed by litigation, arbitration, or any other proceedings to resolve any Claim. The Owner, with performance however, will be under no obligation to make payments on or against such Claims during the pendency of this Contract and maintain effective progress any proceedings to complete the Work within the Contract time(s) set forth in the Contract Documentsresolve such Claims. 7.1.6 12.1.4 The Design-Builder’s acceptance of final payment for any individual work order will constitute a full waiver of any and all Claims by the Design-Builder against the Owner arising out of this Contract or individual work order or otherwise related to the Project, except insurance company subrogation claims and other Claims previously made in writing and identified by the Design-Builder as unsettled at the time of the final payment. 12.1.5 Neither the acceptance of the Design-Builder’s Services nor payment by the Owner will constitute be deemed to be a waiver of all claims except those that are expressly identified as still pending in writing in the Design- Builder’s final Application for Payment. 7.1.7 Final payment for this Contract by Owner does not constitute a waiver of Owner’s rights arising fromagainst the Design-Builder, including but not limited to: 7.1.7.1 12.1.5.1 Latent defects; 7.1.7.2 12.1.5.2 Terms of special warranties required by the Contract documents listed in Paragraph 3.2 or the Project Documents; 7.1.7.3 12.1.5.3 Failure of the Work Services to comply with the requirements of the Contract documents listed in Paragraph 3.2 or the Project Documents; 7.1.7.4 12.1.5.4 Claims, security interests or encumbrances arising out of this the Contract and unsettled; and 12.1.5.5 An audit following final payment.